STATE OF HARYANA Vs. PAWAN KUMAR AND ANR.

JUDGEMENT

(1.) THE State is aggrieved by acquittal of the respondents of the charge under Sections 302/326/34 IPC for the murder of Vinita and Nandini and causing injuries to Shivani alias Shakti.

(2.) CASE of the prosecution is that Bhopal Singh PW10 was married to Harbiri about 25 years ago who died. He had two sons and a daughter. His wife Harbiri died four years prior to the occurrence. His son Sandeep (accused, who died) was married few months after the death of Harbiri. Bhopal Singh performed a second marriage with Vinita two years prior to the occurrence and a baby girl Nandini was born out of the marriage about three months prior to the occurrence. Sandeep did not like the idea of his father performing second marriage Bhopal Singh had called Shivani alias Shakti, sister of his wife Vinita to help Vinita after the delivery. On 20.3.2006, at 7.45 AM, Bhopal Singh had gone for his duty. At 8.40 AM, he received a telephone call from his wife that Sandeep and two other boys had come to their residence and were quarrelling with her. Bhopal Singh went to his residence and found that Sandeep and his accomplices were standing with their clothes stained with blood. Sandeep was carrying a dagger and other two were having knifes. On arrival of Bhopal Singh, they slipped away. Bhopal Singh went upstairs and found the dead body of Vinita, drenched in blood lying in the kitchen. He also found his sister -in -law Shivani lying unconscious and his daughter Nandini dead on the floor of the living room. He took Shivani alias Shakti to the J.P. Hospital for medical aid. He also lodged FIR. The respondents were identified as accomplices of Sandeep. They were already facing FIR No. 90 dated 29.5.2002 under Sections 323, 324, 352 and 504 IPC and were in custody in Gaziabad jail. They were earlier on bail but they got their bail cancelled and surrendered to custody.

(3.) THE trial court after considering the evidence on record held that Sandeep who was attributed the role of causing both the deaths by Shivani, the only eye witness was murdered on or about March 21, 2006 and the respondents were facing trial for the said murder. Piror to their being identified in the witness box, the names of the respondents were never mentioned by any of the witnesses, though a supplementary statement of PW 10 Bhopal Singh was recorded. The trial court was of the view that in such circumstances, the respondents could not be linked to the crime. The trial court observed that PW5 Shivani alias Shakti, the injured eye witness deposed that all the fatal injuries were caused to Vinita as well as Nandini by Sandeep. She did not give any specific role to the respondents. She did not know the respondents earlier and identified the accused for the first time in court. No identification parade was held. The accused were not named in the FIR.